Do Vietnamese citizens have to give birth in the US to have US nationality for their children?

Do Vietnamese citizens have to give birth in the US to have US nationality for their children?

According to Article 36 of the Law on Civil Status 2014, birth registration procedures are as follows:

1. Birth registrants shall submit the papers specified in Clause 1, Article 16 of this Law to the civil status registration agency. In case either parent is or both parents are foreigner(s), a document on the agreement of the parents on the selection of citizenship for their child.

If the parents choose a foreign citizenship for their child, their agreement document must contain certification of a competent foreign state agency of which they are citizens.

2. Immediately after receiving the papers specified in Clause 1 of this Article, if seeing that the birth declaration information is complete and proper, the civil status officer shall record the birth declaration contents prescribed in Article 14 of this Law in the civil status book; for a child having a foreign citizenship, the civil status officer shall not record the content prescribed at Point c, Clause 1, Article 14 of this Law.

The civil status officer and birth registrant shall both sign in the civil status book. The district-level Justice Division shall report to the chairperson of the district-level People's Committee to grant a birth certificate to the person whose birth is registered.

3. The Government shall stipulate birth registration procedures for the cases prescribed in Clause 2, Article 35 of this Law.

In addition, according to the US Constitution, the principles of determining nationality for children include:

- Nationality by bloodline

- Nationality by place of birth

According to Vietnamese law, if the child's father or mother is a foreigner, the child may acquire a foreign nationality provided that he or she can provide a written agreement of the father or mother on the choice of nationality for the child. 

In addition, according to the provisions of US law, there are two ways for a child to be born with US citizenship: giving birth in the US or parents having US nationality. 

According to this Article, in order for your child to have US nationality, you are not required to return to the US to give birth because your child's father is an American, so the child can have US nationality.

Can a child with US nationality have Vietnamese nationality at the same time?

According to Article 19 of the Law on Vietnamese Nationality 2008, conditions for naturalization in Vietnam are as follows:

1. Foreign nationals and stateless persons permanently residing in Vietnam who file applications for Vietnamese nationality may be permitted for naturalization in Vietnam if they satisfy the following conditions:

a/ Having the full civil act capacity as prescribed by Vietnam’s laws;

b/ Obeying the Constitution and laws of Vietnam; respecting the traditions, customs and practices of the Vietnamese nation;

c/ Understanding Vietnamese sufficiently enough to integrate themselves into the Vietnamese community;

d/ Having resided in Vietnam for 5 years or more by the time of application for naturalization;

e/ Being capable of making their livelihood in Vietnam.

2. Those who apply for Vietnamese nationality may be permitted for naturalization in Vietnam without having to fully meet the conditions prescribed at Points c, d and e, Clause 1 of this Article if they fall into one of the following cases:

a/ Being spouses, natural parents or natural offsprings of Vietnamese citizens;

b/ Having made meritorious contributions to Vietnam’s national construction and defense;

c/ Being helpful to the State of the Socialist Republic of Vietnam.

3. Persons naturalized in Vietnam shall renounce their foreign nationality, except for those defined in Clause 2 of this Article in special cases, if so permitted by the President.

4. Persons applying for Vietnamese nationality must have Vietnamese names. These names may be selected by the applicants and written in the decisions on naturalization in Vietnam.

5. Persons applying for Vietnamese nationality may not be permitted for naturalization if such naturalization is detrimental to Vietnam’s national interests.

6. The Government shall specify conditions for naturalization in Vietnam.

So, foreign citizens who are the natural children of Vietnamese citizens can be permitted for naturalization in Vietnam. 

According to this Article, your child can have both US and Vietnamese nationality at the same time in accordance with Vietnamese law.

What are dossiers of application for Vietnamese nationality?

According to the provisions of Article 20 of the Law on Vietnamese Nationality 2008, dossiers of application for Vietnamese nationality are as follows:

1. A dossier of application for Vietnamese nationality comprises:

a/ An application for Vietnamese nationality;

b/ A copy of the birth certificate, passport or other substitute papers;

c/ A curriculum vitae;

d/ A judicial record issued by a competent Vietnamese authority for the period the applicant resides in Vietnam and a judicial record issued by a competent foreign authority for the period the applicant resides in the foreign country. Judicial records must be issued within 90 days before the date of filing the dossier;

e/ Papers proving his/her Vietnamese language skills;

f/ Papers proving his/her place and period of residence in Vietnam;

g/ Papers proving his/her ability to make livelihood in Vietnam.

2. For persons exempt from several conditions on naturalization in Vietnam specified in Clause 2, Article 19 of this Law, papers corresponding to exempted conditions are not required.

3. The Government shall specify papers in dossiers of application for Vietnamese nationality.

The above is the law on dossiers of application for Vietnamese nationality.

Best Regards!